GENERAL PROJECT TERMS AND CONDITIONS
These terms and conditions are between: ‘The Company’ Capsel Ltd and ‘The Customer’
For the purpose of these Terms and Conditions the following words shall have the following meanings:
1.0 Definitions and interpretations
Start date: The agreed date that the ‘Project’ will start on site at the ‘Property’.
Services: Services undertaken such as repairs, servicing, refurbishment, installation, replacement, or removal which includes the supply and fitting of any materials and labour to complete the ‘Project’ or ‘Work’ as specified and agreed within the ‘quotation’.
The company: The principle company ‘Capsel Ltd’ has agreed to carry out works &/or supply materials. “The Goods” shall mean goods and materials.
‘You’ or ‘Your’?: Is the Customer or also referred to as the Client is a person or organisation who has agreed the ‘Project’ at the agreed ‘property’ as per the quotation or estimate.
Property: The address of the property or site where the ‘Project’ is to be completed.
Sub-contractor/s: Contractors who are employed by the ‘Contractor’ to assist in completing ‘Project’ to the ‘property’.
Payment date: The date that payment for the ‘Project’ is due, this may be prior to start of the Services at the end of the Services or during and will depend on the value of the Services to be completed.
Project /Work: Work relating the property and which forms the quotation.
Operative: The operative or operator shall mean the representative appointed by The Company.
Variations: Variation to the quotation increasing the cost of the Services, due to increasing the amount of ‘Project’ required to the property.
CDM: The Construction Design and Management Regulations 2015 are regulations governing the way planned construction projects of all sizes and types are.
Quotation: The most current price quoted for completing the ‘Project’ to be undertaken by the ‘Contractor’. Acceptance of the quotation by the client constitutes an agreement binding on both parties.
H&S File: Information provided under the CDM 2015 Regulations intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, and maintain structures is reduced.
2.0 Quotation & Acceptance
By accepting Capsel’s quotation by letter, telephone or e-mail, The customer agrees to be bound by Capsel’s Terms and Conditions. We reserve the right to refuse or decline services at our own discretion. Where the company agrees to carry out works for the Customer, these works shall be undertaken by the designated Operative of the company at its absolute discretion. All prices are subject to an inspection of the Customer’s property and written quotation which shall remain valid for a period of 60 days. On acceptance of a quotation The Customer gives Capsel permission to order/purchase materials/items required for works as stated within the quotation.
Quotations are based on assessment of the services to be done, and are itemized estimates of all the services to be completed. While every effort is made to quote work
as accurately as possible, it is sometimes necessary to include an additional sum in the final account for items and labour, which could not be foreseen at the estimation stage. These items will always be discussed and confirmed with The Customer at the earliest opportunity. Capsel reserves the right to amend the initial quotation, should The Customer‘s original requirements change. If after submission of the quote,
- There is an increase in the price of materials
- If after submission of the quote, it is discovered that further works need to be carried out which were not anticipated when the quote was prepared.
- If after submission of the quote, it is discovered that there was a manifest error when the quote was prepared
For pricing purposes it is assumed there is no asbestos in the property.
3.0 Completion of Services
Capsel will allow reasonable endeavours to complete the services, in accordance with the time estimate given, but any such time shall be an estimate only, and time shall not be of the essence of this agreement.
The company shall provide all equipment, supplies, products and other materials required to carry out the services unless agreed otherwise with the Customer.The Customer will provide running water and electricity at the premises where the service takes place.
Depending on the time taken to perform the services, We may leave certain tools and equipment at the Customer’s property. If there is any particular area you wish Capsel to store these please advise the operator. The Customer will take reasonable steps to ensure the security of any tools and equipment stored at the Customer’s property and ensure that children do not have access to them.
In the event that the Customer agrees to supply goods to Capsel by a specified date, additional costs will be charged if the works schedule is forced to change as a result of late delivery.
The company Capsel shall endeavour to supply goods and services upon the dates specifically agreed in writing between the company and the Customer but in the event of the company being unable to meet such dates no claim shall arise against the company by the Customer
When the services is completed a final check will be undertaken with ‘You’ by our representative and the services signed off, any instructions or warranty information will be provided in your health and safety file.
Timescales are estimated and dependent on material and labour availability. Time frames given in days are working, rather than calendar days, and assume unimpeded access and scheduling of works for our operatives and subcontractors.
We will give reasonable endeavours to complete the services, in accordance with the time estimate given, but any such time shall be an estimate only, and time shall not be of the essence of this agreement.
If the Customer delays the agreed start date or works once in progress for any reason, a suspended works charge is payable, pro-rata for the man days delayed, as well as any associated material costs.
All right, title and interest in hire tools and equipment remain with Capsel and the Customer will be responsible for payment in the event of a cancellation.
A cancellation charge of £100 + VAT will be incurred for cancellation of all works if cancelled less than 24 hours prior to the works commencing.
Where it is deemed impossible to continue works that have already been commenced at your property due to no fault or consequence of our own, and where materials have already been purchased by Capsel, the cost of all materials will be the responsibility of the Customer.
Payment for part of the work may be required by the company prior to the ‘start date’ and ‘work’ starting on site. This may be to cover the cost of materials or sub contractor’s deposits. Where this is the case then you will be notified separately via an invoice being raised.
Where payment is payable on completion you will be issued with an invoice which is payable within 30 days of issue.
If there is a dispute in the invoiced amount this is to be raised within 3 days with details of the query. The disputed amount may be temporarily deduced from an invoice to allow the remainder balance to be paid until the amount in dispute can be resolved.
If Capsel disagrees with your dispute against the invoiced amount, then we will expect payment in full. We may in certain cases where we have not received payment and any disputes cannot be resolved take court action against you to reclaim the amounts we are owed following the ‘work’ we have completed at the property.
7.0 Data Protection
Capsel respects your privacy. Personal information (i.e. name, contact details and address) captured by the company will be used only for the sole purpose of responding to your request, or to contact you with recent information regarding your request. Under no circumstances will this information be shared with third parties or used for spam, If you wish to remove or change your information please contact Capsel.